[44. Powers and Functions of the District Public Safety and Police Complaints Commission.--(1) The District Public Safety and Police Complaints Commission shall exercise the powers and perform the following functions including those relating to complaints against the police officers serving in the District, except the Head of District Police, namely,--

(a) approve an annual Local Policing Plan prepared by the Head of District Police in coordination with the Zila Nazim setting out the arrangements for policing during the year:

Provided that such Policing Plan shall include--

(i) a statement of financial resources expected to be made available; and

(ii) performance targets for the year and their delivery mechanism;

(b) the District Public Safety and Police Complaints Commission shall submit an annual report to the Government through the Provincial Public Safety and Police Complaints Commission, inter alia, containing--

(i) an abstract relating to performance of the District Public Safety and Police Complaints Commission during the year;

(ii) a report on the functioning of the District Police;

(iii) a report on matters connected with the law and order in the District; and

(iv) a report on the implementation of the District Policing Plan;

(c) encourage police-public cooperation;

(d) evaluate the delivery of performance targets contained in the Local Policing Plan on quarterly, basis and send half-yearly reports to the Provincial Government, Provincial Public Safety and Police Complaints Commission, Provincial Police Officer, Zila Nazim, Tehsil (Taluka) Nazim and Town Nazim;

(e) take steps to prevent the Police from engaging in any unlawful activity arising out of compliance with unlawful or mala fide orders;

(f) refer the matter in writing to the Provincial Government for appropriate action where the District Public Safety and Police Complaints Commission is satisfied that a collusive relationship detrimental to the interest of the people exists between the Zila Nazim and Head of District Police;

(g) direct the Head of District Police under clause (4) of Article 135 for disposal of unclaimed property in accordance with law;

(h) direct the Head of District Police in writing, where the District Public Safety and Police Complaints Commission has reasons to believe that the in-charge of the police station has unjustifiably refused or avoided to register the First Information Report, to conduct an inquiry into the matter and cause the registration of the First Information Report under Section 154 of the Code, if any cognizance case is made out from the allegations of the complainant and report to the District Public Safety and Police Complaints Commission within forty-eight hours the action taken by him;

(i) direct the Head of District Police Officer in writing to enquire into a complaint of neglect in general or by a functionary of a District Police in particular, and take appropriate action and report within the specified period;

(j) require, on a complaint of excess committed by any member of Federal Law Enforcement Agency or civil armed forces acting in aid of the district police, the appropriate authority of the concerned department in writing to take remedial action and report within a specified period and if no action is taken by the concerned authority, a reference may be made by the District Public Safety and Police Complaints Commission to the head of concerned organization or the Federal Police Complaints Authority for appropriate action;

(k) receive from an aggrieved person a complaint, in writing supported by an affidavit, of neglect, excess or misconduct against a Police Officer;

(l) take cognizance of such complaints as may fall within its competence and forward other complaints to the Provincial Public Safety and Police Complaints Commission; and

(m) in cases falling within the competence of the District Public Safety and Police Complaints Commission, it may--

(i) direct the Head of District Police Officer, in writing to take appropriate action and submit a report within a specified period; or

(ii) conduct a fact finding enquiry on its own by two or more of its members or through an officer serving in the District, not below the rank of Basic Pay Scale 18 and in case the complaint is found correct, send the inquiry report to the Head of District Police and direct him to take legal action against the delinquent Police Officer;

(iii) report the matter to the Provincial Government through the Provincial Public Safety and Police Complaints Commission for action under the appropriate law, where the Head of District Police does not submit a report or take action on the directions given by the District Public Safety and Police Complaints Commission;

(iv) inform the complainant of the outcome of the inquiry in writing as soon as possible; and

(v) direct the appropriate authority, in case of any frivolous, or vexatious complaint, to initiate action under the law against the complainant.

(2) The District Public Safety and Police Complaints Commission shall for the purpose of this Order, have the same powers as are vested in a Civil Court under the Code of Civil Procedure (Act V of 1908), in respect of the following matters, namely,--

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(c) receiving evidence on affidavits; and

(d) issuing commission for the examination of witnesses.]